Recent content by KDPoolguy

I concur, that’s well said. 50% of the equity and the equity is= 1) pay down amount-remainder of loan 2) down payment 3) increase in house value So if spouses don’t agree on this ‘transmutation’ can a judge ultimately decide? Sent from my iPad using Tapatalk

Thanks all, Again California community property issue. Now the issue of the house down payment. The house title is in both our names and we both pay down the mortgage equally. The down-payment was from her inheritance, but this issue of transmutation under Family Code section 2640 is the...

Hi all, thank you for all your help. My wife filed for divorce and she was the higher earner throughout the 4 year marriage (together for 10 years). No kids, Living in California. She’ll be giving me alimony, we’ll split the joint checking, and she will likely buy out my 50% interest in the...

Thanks zddoodah! Can you clarify your response here? More specifically why are claims of competency unlikely to be an issue? Sent from my iPhone using Tapatalk

Thank you for the reply. I always try to include as much detail as possible, so I appreciate helping me fill in holes. It is a ‘Last Will and Testament’. My cousin is named as the nominated executor of the estate in the Will and did retain the same attorney who completed all the estate paperwork...

5-1.1-A Spousal right of election. Her husband signed a notarized waiver of election—giving up his rights to the 1/3 of the net estate. Upon submission to Surrogate court, her husband is now contesting the probate by saying he now didn’t understand what he signed, didn’t get it explained...

New York State. My aunt passed away 6 months ago and is survived by her second husband and her son from an earlier relationship. My aunt died a well-to-do lady and owns and holds sole title to 4 apartment buildings, one unit that she & her 2nd hubby lived in. Aside from some cash and a life...

KDPoolguy said: ↑ -New York State- Thank you, SEE RESPONSES BELOW: There is a will, children are named executors and stepfather is not on deed to the house. ------------ Did the deceased own the house BEFORE she married her husband? *YES, she was a widow & owned the home with her former...

This particular situation is in New York. My mother-in-law passed away in 2014, and all modest assets (bank accounts, IRA) were evenly distributed to the children; my wife and her brother, leaving only the house where stepfather currently lives. There is a will, children are named executors...